Walk into any gas station in Mobile or a dedicated shop in Birmingham right now, and the shelves look... different. If you’ve been following the news, you know it’s been a chaotic couple of years for anyone who uses or sells electronic nicotine delivery systems (ENDS) in the Yellowhammer State. What started as a move by Governor Kay Ivey to "protect the kids" has snowballed into a massive legal and economic tug-of-war that is currently sitting in the hands of the Alabama Supreme Court.
It’s messy. Honestly, it’s one of the most confusing pieces of legislation to hit the state in a decade.
If you’re looking for a simple "yes, it’s banned" or "no, it’s not," you aren't going to find it. As of early 2026, the situation is a high-stakes standoff between state regulators, small business owners, and federal law.
The Law That Started the Fire: Understanding HB 8
Back in May 2025, Governor Kay Ivey signed House Bill 8 (HB 8) into law. On paper, it was framed as a common-sense measure to curb youth vaping. The bill, sponsored by Representative Barbara Drummond, aimed to essentially "hide" most vape products from the general public.
The original version of the law was brutal for convenience stores. It basically said: "If you aren't a specialty vape shop where 50% of your business is vapes, you can only sell 34 specific products." Those 34 products? They were the only ones that had received full, final marketing authorization from the FDA at the time.
Almost all of them were tobacco or menthol flavored.
Basically, every fruity or dessert-flavored disposable—the stuff that actually sells—was supposed to vanish from gas station counters overnight. But then the lawsuits started.
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Why the Courts Stepped In
You can't just wipe out 30% of a gas station's revenue without a fight. The Petroleum & Convenience Marketers of Alabama (P&CMA) and the Vapor Technology Association (VTA) didn't wait around. They sued, claiming the state was trying to do the FDA's job.
Here is the thing: the FDA is the only body legally allowed to decide which tobacco products are "adulterated" or "misbranded" on a federal level. By saying "you can only sell these 34 items," Alabama was essentially creating its own federal-style regulation.
A judge agreed, at least partially. This led to a "negotiated resolution" in mid-2025 that gave retailers some breathing room. Instead of just those 34 FDA-approved items, stores were told they could keep selling anything that was already on the Alabama Department of Revenue’s ENDS Directory.
The 2026 Reality: The Directory and the Tax
If you’re a shop owner, your life now revolves around a spreadsheet.
The Alabama Department of Revenue maintains a list of "approved" products. To get on that list, a manufacturer has to pay a $2,000 initial fee and a $500 annual renewal fee. If a product isn't on that list, it’s effectively contraband.
But it gets even more expensive this year.
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Starting October 1, 2026, a new state excise tax kicks in under Act 2025-377. It’s a $0.10 per milliliter tax on all consumable vapor products. While ten cents doesn't sound like much, it adds up fast on large bottles of e-liquid or high-capacity disposables.
Current Enforcement (The "Injunction" Era)
Right now, we are in a weird "legal limbo." In December 2025, the Alabama Supreme Court issued a 4-3-1 decision that kept a temporary restraining order (TRO) in place.
What does that mean for you?
- For Users: You can still find your favorite flavors in many shops because the state is currently blocked from fully enforcing the strictest parts of HB 8.
- For Shop Owners: You don't have to rip products off the shelves today, but you’re likely operating on borrowed time. The injunction is expected to stay in place until mid-2026 while the court hears the full appeal.
- For the State: They are losing. Or at least, they’re frustrated. The Alabama ABC Board is itching to start handing out $5,000 fines for "unauthorized" products, but their hands are tied by the court.
Why Everyone Is Mad
It’s not just about "fruit flavors for kids." There is a deep divide in how people view the Kay Ivey vape ban.
On one side, you have the Alabama Department of Public Health. They released a report showing that over 6,000 people died from smoking-related issues in Alabama in 2025 alone. They argue that vapes are a "gateway" and that the "wild west" of unregulated Chinese disposables needs to end.
On the other side, you have small business owners like Joe Ferrell, who runs Southside Vapes. Business owners argue that by banning flavored vapes in convenience stores and limiting what specialty shops can sell, the state is just driving people back to traditional cigarettes.
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"This isn’t regulation; it’s corporate and moral panic," one resident told the Senate during a public hearing. Many feel the law is designed to help Big Tobacco companies (who own those 34 FDA-approved products) while crushing independent "mom and pop" vape brands.
Looking Ahead: The Indoor Ban and More
Just when you thought it couldn't get more complicated, the 2026 legislative session kicked off with Senate Bill 9 (SB 9).
This new bill, introduced by Senator Vivian Davis Figures, wants to rename the Clean Indoor Air Act to the "Vivian Davis Figures Clean Indoor Air Act." More importantly, it would officially ban vaping in indoor public spaces statewide. If it passes, it would go into effect in October 2026.
Alabama is clearly moving toward a "Tobacco 2.1" era where vapes are treated exactly like—if not more strictly than—combustible cigarettes.
Summary of the "Ban" as it stands today:
- Possession: It is illegal for anyone under 21 to possess a vape device, regardless of whether it has nicotine in it.
- Location: New vape shops cannot open within 1,000 feet of schools, churches, or youth centers.
- Manufacturing: A controversial part of the law requires products sold in Alabama to be U.S.-manufactured (though this is currently being challenged in court).
- Sales: Convenience stores are technically restricted, but court-ordered stays allow them to sell products listed on the state’s ENDS directory for now.
What You Should Do Next
If you're a consumer or a business owner, the "wait and see" approach is over. The state is consolidating power, and the "gray zone" is closing fast.
For Retailers: Double-check the Alabama Department of Revenue (MAT) portal. If your distributor is selling you "new" brands that aren't on the state directory, you are sitting on a liability. Once the Supreme Court lifts that injunction—and many experts think they eventually will—the ABC Board will be out in force. The fines start at $1,000 and jump to $5,000 for a third offense.
For Consumers: Expect prices to rise. Between the new $0.10/ml excise tax starting in October and the compliance costs manufacturers are passing down, the era of "cheap" vapes in Alabama is ending.
Stay Informed: Keep an eye on the Alabama Supreme Court docket for the VTA vs. Alabama ABC ruling. That decision, expected by the summer of 2026, will officially decide if your local shop stays open or if Alabama becomes one of the most restrictive states in the country for vapor products.